Brisnet Internet

Brisnet Internet ("Brisnet", "We, "Us, or "Our") will provide you, the Member specified on the attached Membership Application Form ("You" or "Your") with services in accordance with the following terms and conditions.

1. Definitions

"Membership" means a right to use the Services which is uniquely identified to You.

"Commencement Date" means the date on which we commence providing you with the Services as outlined in clause 2.2.

"Services" means the Internet services specified by you in the attached Membership Application Form which We agree to provide to You, or any other services that We may further agree in writing to provide to You.

"Supplier" means a supplier of telecommunications services or other Internet services to Us.

"Us", "We" or "Our" includes our agents, employees, substitutes or permitted assigns.

"Hacking" means unauthorised entry by any means into another computer to observe restricted or sensitive information or to copy or damage information on that computer or interfere with the use, operation or efficiency of that computer.

2. Services

2.1 We will provide You with the Services in conjunction with Your Membership.

2.2 We will commence providing You with the Services when You are granted an Account.

2.3 An Account will be granted to You as soon as possible after We receive Your Membership Application Form and You pay any fees which You may be required to pay prior to the granting of the Account.

3. Charges

3.1 Subject to any special conditions to the contrary, We expect You to pay any application or connection fee and all further charges within the terms specified on any invoice or account given to You. Invoices or accounts will be rendered in accordance with the pricing model indicated by You on the attached Application Form.

3.2 You will pay Us the price of the Services by way of credit card, cash or cheque or such other method of payment as shall be agreed. If you nominate credit card payment, you are authorising us to debit your card with the appropriate amount. For memberships with a one month Credit Card Only billing cycle, you are authorising us to debit your card with the appropriate amount each monthly billing cycle.

3.3 Any late payment may result in termination of the Services and re-application fees then applicable.

4. Duration

This Agreement commences on the Commencement Date and will remain in force until terminated in accordance with clause 11.

5. Your Use of the Services

5.1 You agree not to undertake any Hacking or store any Hacking related material on or through any hardware owned or controlled by Brisnet.

5.2 You agree not to give information, advice, assistance or any other kind of feedback about or concerning Hacking to any person or virtual entity either directly or indirectly.

5.3 You agree not to store on or to allow to electronically pass through Our hardware any data that You know or reasonably ought to know is subject to copyright where You do not own or have a licence to use that data.

5.4 You agree to make reasonable efforts to avoid establishing hypertext links to material which promotes or facilitates copyright infringement or contravention of any law of any country or state.

5.5 You agree not to upload to any hardware through which We provide the Services, any virus, worm or other program You know or suspect may have a detrimental effect upon any computer or virtual service.

5.6 You agree not to store nor allow to electronically pass through Our hardware, any data which would contravene Australian laws relating to production and distribution of pornographic material, any stolen information or offensive literature.

5.7 You agree not to redistribute any end user software provided by Us to You.

5.8 You agree to take full responsibility for data owned by You that is stored on Our system or any data You have caused to be transferred to Our system.

5.9 You are responsible for the selection and use of security features, non disclosure of personal log-in information and back up of any information. Disclosure or loss of log-in information or Service misuse is Your responsibility and should be reported to Us immediately.

5.10 You will not send harassing or threatening e-mail or forgery (or attempted forgery) of e-mail and You will refrain from mass posting of messages to inappropriate Usenet newsgroups and mass, unsolicited e-mailings (Spam). You agree to post advertisements only where appropriate and in venues that specifically encourage or allow advertising.

5.11 Unless otherwise agreed in writing with Us, You are responsible for selecting and maintaining at Your own expense any facilities or equipment necessary to enable You to connect to Our Services although We are available on request to assist You with Brisnet connection issues.

5.12 You agree generally not to permit our hardware or software to be used by a person or persons for any activities of an illegal or fraudulent nature.

5.13 If You require a domain name, You warrant that the information provided to Us when ordering Your domain name is true and correct and You indemnify Us against any loss which we may incur as a result of You breaching this warranty.

6. Our Rights

6.1 We may monitor or keep any records of Your use of the Service.

6.2 Although We will at all usual times respect Your privacy, You agree that we may act in any appropriate manner to curtail any of the matters prohibited by this Agreement or by law, including viewing any of Your electronic mail and files reasonably suspected to contain information about such matters.

6.3 We may add Services, discontinue Services, or make alterations to current Services at Our discretion, however, we will give You reasonable prior notification of any such changes.

6.4 We reserve the right to refuse any application for Membership and You agree that there is no obligation on Us to furnish a reason for any refusal of a Membership.

6.5 We may revoke Your Membership without refund if You materially breach any of these terms and conditions.

7. Special Conditions

The parties agree to be bound by the Terms & Conditions of Brisnet, any special conditions specified on Your Membership Application Form, and to the extent that these terms and conditions are inconsistent with the special conditions, the special conditions will prevail.

8. Credit Checks

8.1 You authorise Us to conduct all relevant credit checks and searches and to use any information obtained to enable Us to establish Your credit worthiness.

8.2 You agree that We may obtain personal information about You in relation to your credit worthiness from any relevant reporting agency and we may disclose to such agencies any personal information or other assessment made in relation to Your credit worthiness.

9. Limitation of Liability

9.1 We cannot and do not warrant or guarantee that the Services provided will be free of delays or faults although we will use our best efforts to restore all faults within a reasonable time. Also, we do not generally monitor Your use of e-mail or the transmission or down-loading by You of any other material using the Services. Accordingly, the use of the Services is at Your sole risk and We are not and will not be liable for any direct or indirect, special or consequential loss or damage however caused which may be suffered or incurred by You or which may arise in respect of Your use of or interruption to the Services.

9.2 Subject to clauses 9.3 and 9.4, all warranties, undertakings, inducements and representations whether expressed or implied, statutory or otherwise relating to the provision of the Services are excluded.

9.3 We take all reasonable steps to ensure that any of Your data which is held by Us and is confidential remains confidential, however, we are not and will not be responsible for release of such data through unauthorised entry to our system or Hacking which is beyond Our control.

9.4 Where a term, condition or warranty is implied by law, it is deemed to be included in these terms and conditions, however Our liability for breach of such implied term, condition or warranty will be limited at Our option to supply of the Services again or the payment of the cost of having the Services supplied again.

10. Indemnity

Unless otherwise required by law, You indemnify and shall keep Us indemnified in respect of any loss or damage, action, claim, suit or proceeding against Us by any person in respect of the use by You including but not limited to the transmission of any illegal, defamatory, misleading, deceptive and / or fraudulent material which You transmit or cause to be transmitted or downloaded using the Services.

11. Termination

11.1 Either party may terminate this Agreement by giving 30 days written notice to the other.

1.2 We may terminate this Agreement immediately by notice to You if You have breached or failed to properly observe these terms and conditions or You enter into liquidation or provisional liquidation, become insolvent, enter into any form of external insolvency administration or have a corporate controller or any receiver and/or manager or administrator appointed.

11.3 These terms and conditions will automatically be terminated in relation to a particular Service or the Services as a whole if We are unable to provide a Service or Services due to their termination or withdrawal by a Supplier that is providing them.

11.4 You remain liable for all charges owing under this Agreement in respect of Services used by You up to and including the date of termination of this Agreement.

12. General

12.1 Any notice, approval, consent or other communication under this Agreement must be in writing and must be forwarded to Us or Our duly appointed agent, by post, facsimile or electronic mail. All such notices and communications from Us shall be deemed to have been duly given in accordance with the Terms & Conditions.

12.2 The parties to this Agreement shall not be liable for any delay or failure to perform their obligations, except the obligation to pay any moneys validly owing, if that failure or delay is due to any cause or condition beyond the reasonable control of that party.

12.3 The failure or omission of a party at any time to enforce or require the strict observance of or compliance with any provision of this Agreement or exercise any election or discretion under this Agreement, shall not operate as a waiver of any of those rights of a party, whether expressed or implied, arising under this Agreement.

12.4 If any part of this Agreement or its application to any party or any circumstance is or becomes unenforceable, void or illegal, then unless that part is fundamental to the operation of the Agreement or contrary to public policy, the remaining terms and conditions of this Agreement will not be affected but will remain in full force and effect.

12.5 We may sub-contract Our performance of this Agreement or any part of it.

12.6 Except as otherwise expressly provided, these terms and conditions shall ensure the benefit of and be binding upon the successors, assigns, heirs, executors and administrators of the parties.

12.7 This Agreement is governed by the laws of the State of Queensland, Australia.

Email enquiries to info@brisnet.com.au

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